| Probable cause affidavit: |
SUBMITTED BY: DOYLE, CHAD 0438 (AR08105596) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(2)(A); AND DID KNOWINGLY, WHILE HIS OPERATOR'S OR CHAUFFEUR'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE UPON THE HIGHWAYS OF THIS STATE, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). ON 100608, I WAS RESPONDING WITH CORPORAL CONLEY TO A CALL FOR SERVICE. AS CORPORAL CONLEY ARRIVED HE SAID HE WITNESSED THE DEFENDANT'S VEHICLE LEAVING THE SCENE. HE IMMEDIATELY TURNED AROUND AND CAUGHT UP TO THE VEHICLE ON WEST GREEN ACRES STREET. HE CONDUCTED A TRAFFIC STOP ON THE VEHICLE ON WEST GREEN ACRES STREET JUST EAST OF SOUTH MEMORIAL DRIVE. THE DEFENDANT PULLED INTO A DRIVEWAY ON THE SOUTH SIDE OF THE STREET. AS CORPORAL CONLEY STOPPED SAID VEHICLE, I PULLED IN RIGHT BEHIND HIM. CORPORAL CONLEY APPROACHED THE DRIVERS SIDE OF THE VEHICLE AS I APPROACHED THE PASSENGERS SIDE. AFTER MAKING CONTACT CORPORAL CONLEY ADVISED ME THAT HE BELIEVED THE DRIVER/DEFENDANT WAS UNDER THE INFLUENCE OF ALCOHOL. I THEN OBTAINED THE DEFENDANT'S FLORIDA IDENTIFICATION CARD. HE SAID HE DID NOT HAVE HIS DRIVERS LICENSE, BUT HE HAD A PERMIT TO DRIVE. I THEN RETURNED TO MY VEHICLE TO RUN A DRIVERS LICENSE CHECK. IT SHOWED HE WAS SUSPENDED ON 082808, OF AN UNLAWFUL BLOOD ALCOHOL LEVEL AND THAT HE HAD A BUSINESS PURPOSES LICENSE ONLY. I THEN AGAIN MADE CONTACT WITH THE DEFENDANT AND ASKED HIM WERE HE WAS COMING FROM. HE STATED THAT HE WAS GOING TO INVERNESS AND THAT HE HAD JUST LEFT TWO GUYS WERE HE HAD A COUPLE OF BEERS (WHICH IS A BAR ON US HIGHWAY 19). AS HE WAS TELLING ME THIS I NOTICED THAT HIS EYES WERE GLASSY AND SLIGHTLY BLOODSHOT AND I COULD SMELL AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. AT THAT TIME, I HAD HIM EXIT HIS VEHICLE AND STEP TO THE REAR OF IT. HIS WALKING WAS UNSTEADY AND HE HAD TO USE HIS VEHICLE TO BALANCE. HIS CLOTHES WERE IN DISARRAY AND HIS FACE WAS SLIGHTLY FLUSH. HIS SPEECH WAS SLURRED AND HE WAS COOPERATIVE. AT THAT TIME, I ASKED THE DEFENDANT TO SUBMIT TO FIELD SOBRIETY EXERCISES, TO WHICH HE SAID HE WOULD. I ALSO ASKED HIM IF HE KNEW HIS ABC'S AND WHAT HIS LEVEL OF EDUCATION WAS. HE STATED YES AND FRESHMAN IN HIGH SCHOOL. I THEN ASK HIM IF HE HAD ANY MEDICAL CONDITIONS, TO WHICH HE SAID OTHER THAN AN ABSCESSED TOOTH, NO. TASK one, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF nYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. DURING THE EXPLANATION OF THIS TASK AND WHILE CONDUCTING IT THE DEFENDANT WAS SWAYING IN A CIRCULAR MANNER. TASK two, FINGER TO NOSE. PRIOR TO PERFORMING THE TASK THE DEFENDANT WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT HE UNDERSTOOD THEM. THE DEFENDANT WAS UNABLE TO FOLLOW THE INSTRUCTIONS AS EXPLAINED. HE ALSO MISSED TOUCHING THE TIP OF HIS FINGER TO HIS NOSE WHEN BRINGING HIS FINGER TOWARDS IT AS EXPLAINED. THE DEFENDANT WAS TOLD TO DO HIS right HAND FIRST, WHICH HE TOUCHED THE LEFT SIDE OF HIS NOSE, then hIS left, WHICH HE MISSED HIS NOSE, then right, WHICH HE TOUCHED HIS LEFT CHEEK, then left, WHICH HE TOUCHED HIS UPPER LIP, then left WHICH, HE STARTED TO MOVE HIS RIGHT ARM AND FINGER THEN USED HIS LEFT AND TOUCHED HIS UPPER LIP, then right, WHICH HE TOUCHED THE RIGHT SIDE OF HIS NOSE. during each time he did not point hIS finger out in front of hIM AS INSTRUCTED TO DO SO. THE DEFENDANT SWAYED WHILE DOING THE TASK and opened HIS eyes. TASK Three, ONE LEG STAND. PRIOR TO PERFORMING THE TASK THE DEFENDANT WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT HE UNDERSTOOD THEM HE ALSO TOOK OFF HIS FLIP FLOPS. THE DEFENDANT RAISED HIS RIGHT LEG. HE COUNTED TO THE NUMBER TWO WHERE HE LOST HIS BALANCE. HE CONTINUED COUNTING AND GOT TO THE NUMBER EIGHT WHERE HE LOST HIS BALANCE AGAIN, THIS TIME PUTTING HIS FOOT DOWN. HE WAS SWAYING AND USED HIS ARMS FOR BALANCE. HE STATED THAT HE COULD NOT DO IT AND SAID HIS BALANCE SUCKS. HE ALSO SAID HE WAS DYSLEXIC. HE AT THIS TIME STOPPED DOING THE TEST AND REFUSED TO CONTINUE. TASK four, RHOMBERG RECITATION. PRIOR TO PERFORMING THE TASK THE DEFENDANT WAS EXPLAINED THE INSTRUCTIONS AND ASKED WHAT HIS HIGHEST LEVEL OF EDUCATION WAS. HE STATED A FRESHMAN IN high school and knew hIS abc's. THE DEFENDANT COULD NOT FOLLOW THE INSTRUCTIONS AS EXPLAINED. he kept opening hIS eyes AND WAS SLIGHTLY SWAYING IN A SMALL CIRCULAR MANNER. when he got to the letter L he stated "l m M o p" HE GOT TO THE END AND SAID "Y" AND "Z". TASK five, WALK AND TURN. PRIOR TO PERFORMING THE TASK THE DEFENDANT WAS EXPLAINED THE INSTRUCTIONS. I asked hIM if he understood them, to which he stated yes. THE DEFENDANT WAS TOLD TO PLACE HIS LEFT FOOT IN FRONT OF HIS RIGHT FOOT TO BEGIN THE TASK. AS HE WALKED DOWN THE LINE (ON A BLACK ASPHALT DRIVEWAY) HE MISSED TOUCHING HIS HEEL TO TOE ON STEPS TWO AND THREE AND THEN STEPS SIX THROUGH 12 (HE TOOK 12 STEPS DOWN THE LINE BEFORE THE PIVOT). HE WAS SWAYING AND STEPPED WAY OFF WHAT WOULD BE A STRAIGHT LINE. AFTER HE PIVOTED AND WALKED BACK UP THE LINE HE MISSED TOUCHING HIS HEEL TO TOE ON ALL NINE STEPS. I THEN ASKED THE DEFENDANT WHERE HE WAS COMING FROM, TO WHICH HE STATED "TWO GUYS" AND HE WAS GOING TO INVERNESS. I INFORMED HIM THE HE WAS ONLY TO BE DRIVING FOR BUSINESS PURPOSES ONLY, AND IF HE HAD ANY MEDICAL OR AN EMERGENCY REASON WHY HE WAS DRIVING, TO WHICH HE SAID NO. I THEN READ THE DEFENDANT HIS IMPLIED CONSENT WARNING, TO WHICH HE REFUSED. I AGAIN ASKED HIM TO DOUBLE CHECK AND HE ASKED IF HE COULD JUST WALK OUT OF THERE. AGAIN I ASKED IF HE WANTED TO TAKE A BREATH TEST AND HE AGAIN REFUSED. THE DEFENDANT WAS AT THAT TIME, PLACED UNDER ARREST FOR DRIVING WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE (2ND OFFENSE, SINCE 082808) AND KNOWINGLY OPERATING A MOTOR VEHICLE WHILE HIS DRIVING LICENSE WAS SUSPENDED FOR A PRIOR DRIVING UNDER THE INFLUENCE. HE WAS THEN HANDCUFFED BEHIND HIS BACK AND DOUBLE LOCKED AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WERE HE WAS BOOKED AND PROCESSED. HIS BOND FOR DRIVING UNDER THE INFLUENCE 2ND OFFENSE WAS $1,000.00 AND FOR KNOWINGLY DRIVING ON A SUSPENDED LICENSE REFERENCE DRIVING UNDER THE INFLUENCE WAS $10,000.00 PER THE BOND SCHEDULE. HE WAS ALSO ISSUED A FLORIDA UNIFORM TRAFFIC CITATION FOR KNOWINGLY DRIVING ON A SUSPENDED LICENSE REFERENCE DRIVING UNDER THE INFLUENCE CITATION NUMBER 8905-RHU, AND A FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 8315-XBD, BOTH WITH A COURT DATE OF 102308 AT 1300 HOURS AT THE CITRUS COUNTY COURT HOUSE. *NOT-EXEMPT* |
